1. Of the instant lawsuit, the part on the claim of the 1,374,784 won shall be dismissed.

2. The defendant is charged with KRW 212,211,260 to the plaintiff.

1. Determination on the part claimed by subrogation

A. We examine ex officio the part on the Plaintiff’s claim of 1,374,784 won by subrogation.

B. In order to preserve the claim for reimbursement against the Defendant, the Plaintiff asserted that KRW 1,374,784 was paid to the Defendant at the expense of each provisional seizure case at the Incheon District Court 2014Kadan10434, 2014Kadan10435, 2014Kadan101797, and Seoul Central District Court 2013Kadan390, 2013Kadan31391, and 2013Kadan31391, and sought payment of KRW 1,396,067 among them to the Defendant.

C. However, the expenses incurred by the creditor in provisional seizure for the purpose of preserving the creditor's property shall be borne by the executor under Articles 291 and 53 of the Civil Execution Act, and this may be recovered without any separate executive title at the time of execution of a judgment in favor of the creditor in the merits. Therefore, there is no benefit to file a lawsuit separately

(See Supreme Court Decision 78Da1820 delivered on February 27, 1979). D.

Therefore, since the claim portion of the lawsuit of this case was used as the expense of provisional seizure, it is unlawful as there is no benefit of lawsuit.

2. Determination as to the cause of action

A. The following facts are recognized by the respective descriptions (including paper numbers) of Gap evidence Nos. 1 to 4, 6, and 7 and the purport of the whole pleadings:

1) On April 15, 2010, the Plaintiff’s application by the Defendant, at the Defendant’s request, is Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

(2) On December 2, 2011, the Plaintiff issued a housing finance credit guarantee certificate (guarantee No. 161,050,000 won, guarantee period loan, and two and a half years after the loan of the guarantee period, thereby guaranteeing the Defendant’s obligation to pay the principal and interest of the loan to our bank. (2) Upon the Defendant’s application, the Plaintiff issued a housing finance credit guarantee certificate (guarantee No. 32,210,000 won, guarantee period, and nine months after the guarantee period is extended to our bank.